Published 13 June 2019
Fitness to stand trial — capacity — threatened to injure — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 4, 8 & 9 — Evidence Act 2006, s 80 — Nonu v R [2017] NZCA 170 — R v Presser [1958] Victoria Reports 45 — P v Police [2007] 2 NZLR 528 (HC) — P v Police (2006) 23 CRNZ 804. This was a pre-trial hearing to determine whether the young person, ZF, was fit to stand trial. ZF had threatened to injure a support worker when she ran at him with a knife. She had a very low IQ as well as Autism Spectrum Disorder. One medical expert considered ZF was fit to stand trial while another thought she would have trouble understanding the process. The Judge determined that ZF had requisite knowledge and ability to understand a trial as long as it was conducted in a manner to facilitate her understanding. The hearing would be short and focused and she would need support people to help her communication. Judgment Date: 18 April 2019. * * * Note: names have been changed to comply with legal requirements. * * *
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